Terms of Service

Website Terms and Conditions of Use

By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. T

Products and Services

1. 1. Parts of this Website may enable you to purchase products (Products) or subscribe to a data service (a Service). You cannot purchase any Product or subscribe to any Service available on this Website until you are a registered as a subscriber to this Website.

1. 1. In order to become registered as a subscriber to this Website, you must provide your details in accordance with the instructions on the Website.
   2. This is Northern NSW may refuse to register any person as a subscriber without giving a reason for such refusal.

1. 1. You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content) comprises the intellectual property of This is Northern NSW or any relevant third parties from whom This is Northern NSW may license that Content.
   2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by This is Northern NSW or by the owners of that Content, in a separate agreement.
   3. You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.

1. 1. Unless otherwise indicated, all intellectual property in the Website is owned or licensed by This is Northern NSW. Subject to these Terms and Conditions of Use, This is Northern NSW grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
   2. You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe This is Northern NSW intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe This is Northern NSW intellectual property or other rights.
   3. Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of This is Northern NSW. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of This is Northern NSW. Any unauthorised uses of the Marks are strictly prohibited.

1. 1. Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
   2. This is Northern NSW does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. This is Northern NSW does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of This is Northern NSW control. This is Northern NSW does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
   3. Subject to the provisions of the Trade Practices Act 1974 (Cth), This is Northern NSW makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). This is Northern NSW makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than This is Northern NSW which are or may become linked or framed to or from the Website.

1. 1. If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to This is Northern NSW to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
      1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
      2. infringes the intellectual or other proprietary interests of third parties;
      3. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services This is Northern NSW considers to be inappropriate;
      4. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
      5. violates any law, statute or regulation;
      6. forges information to disguise the origin of any Content; and
      7. encourages or incites any other person to engage in any of the above behaviour.
   2. You agree to grant This is Northern NSW a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in This is Northern NSW’s favour.

1. 1. You agree to comply with CThis is Northern NSW’s privacy policy, guidelines and statements as may be applicable from time to time. This is Northern NSW’s Privacy Statement can be accessed on the Website.

1. 1. You agree that This is Northern NSW is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
      1. the use of the Website;
      2. the use by This is Northern NSW of information provided by you to This is Northern NSW through the Website;
      3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
   2. This is Byron expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at This is Northern NSW’s sole discretion):
      1. in the case of goods, any one or more of the following:
      2. the replacement of the goods or supply of equivalent goods;
      3. the repair of the goods;
      4. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      5. the payment of the costs of having the goods repaired; and
      6. in the case of services:
      7. the supply of the services again; or
      8. the payment of the cost of having the services supplied again.
   3. You indemnify This is Northern NSW against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by This is Northern NSW, arising from, or which is directly or indirectly, related to:
      1. your breach or non-observance of any term of these Terms and Conditions of Use; or
      2. any breach or inaccuracy in any representations or warranties made to This is Byron.

1. 1. These Terms and Conditions of Use will continue to apply until terminated by either you or This is Northern NSW as set out below.
   2. If you have registered as a subscriber to the Website and want to terminate your subscriber relationship with This is Byron, you may do so by notifying This is Northern NSW in writing.
   3. This is Northern NSW may, at any time, terminate its legal agreement with you if:
      1. you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
      2. This is Northern NSW is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
   4. If you breach any provision of these Terms and Conditions of Use, This is Northern NSW may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.

1. 1. You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of This is Northern NSW.

1. 1. This is Northern NSW may alter any of the content on the Website at any time.

1. 1. This is Northern NSW is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.

1. 1. These Terms and Conditions of Use are governed by the laws of the State of New South Wales, Australia. This is Byron has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.

1. In certain cases, This is Northern NSW may have a relationship with a third party whose website is linked to this Website. That third party may pay This is Northern NSW either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.